15 year old boy who had consensual sex with 14 year old girl faces 5 years in prison

prinz

strobe wrote: »

Some States address this in the way that Jackal points out above.Finland:Sweden:

As far as I'm aware at the moment both Finland and Sweden operate on the civil law basis, different to our common law approach so I'm not too sure how easy it would be to just adopt that wording. All I could see is barristers here getting wealthy arguing over the prescise definition of 'great' for example. The old 'depends what the definition of is, is' angle.

strobe wrote: »

Basically I'd just like to see a bit of fucking common sense to the whole thing Prinz. Two minors who have had, according to both, consensual sexual intercourse and after interview are judged to have a relatively equal appreciation for what it means to consent to sexual intercourse. Well... leave them both alone. What public good is served by punishing either?

I'm inclined to agree in this case. It seems to have been a monumental waste of time, resources and public monies.

strobe

prinz wrote: »

As far as I'm aware at the moment both Finland and Sweden operate on the civil law basis, different to our common law approach so I'm not too sure how easy it would be to just adopt that wording. All I could see is barristers here getting wealthy arguing over the prescise definition of 'great' for example. The old 'depends what the definition of is, is' angle.

Well I was just referencing our Viking pals as an example of what I believe is a better general approach to the thing, not suggesting we copy pasta wholesale from their statute books.

I mean the 2006 law that came in to deal with the whole 'honest mistake' thing contains the following:

4 .Where, in proceedings for an offence under this section, it falls
to the court to consider whether the defendant honestly believed
that, at the time of the alleged commission of the offence, the child
against whom the offence is alleged to have been committed had
attained the age of 15 years, the court shall have regard to the presence or absence of reasonable grounds for the defendant’s so believing and all other relevant circumstances.

So I would like to see that 'the court shall have regard to the presence or absence of reasonable grounds for' believing the minors involved had an approximately equal appreciation for what it means to consent to sexual intercourse and all it entails and an equal ability to do so. And that if they find that, to find that no offense has been committed.

Mickey H

AngryBollix wrote: »

How many people here had sex before their 17th birthday?

Copping a feel of boobs outside 4 layers of Mercy Convent uniform does not count as sex AngryBollix.

prinz

strobe wrote: »

So I would like to see that 'the court shall have regard to the presence or absence of reasonable grounds for' believing the minors involved had an approximately equal appreciation for what it means to consent to sexual intercourse and all it entails and an equal ability to do so. And that if they find that, to find that no offense has been committed.

That would better but only if done outside of a courtroom with social workers/psychologist reports etc. This case should have been dealt with before it ever saw a courtroom.

I don't like the thought of a teen (boy or girl) who didn't have an equal appreciation for what happened being cross examined or effectively browbeaten into giving evidence by lawyers trying to weigh up the appreciation. At the same time I can see why it's on the law books when other more sinister cases need to be dealt with.

Feeona

I think it's odd that cases like these even make it to court. A group of adults running around like headless chickens saying '....but, but, but the law says!' I really can't imagine a young teenage girl deciding to go to court to charge her boyfriend with sexual assault.

Who in god's name is bringing these cases to court? Who starts the ball rolling? Why is plain common sense absent in the rush to get a pound of flesh from a young man boy?

SeanW

This is what happens when you let the Religious-Right and the Feminist-Left dictate policy and law. This bizarre law and unjust trial and likely punishment are a logic follow through from that.

prinz

Feeona wrote: »

Who in god's name is bringing these cases to court? Who starts the ball rolling? Why is plain common sense absent in the rush to get a pound of flesh from a young man boy?

I'd say her parents in the beginning and after that it became a bit of a circus 'test case' for certain professionals to make their name for themselves, and the actual case, lad and girl took a back seat.

Mike 1972

Potential-Monke wrote: »

What happens if 2 15 year old girls have sex? No-one is accountable???

The guy watching ?

charlemont

Ireland...The country that still can't handle sex..

tigger123

SeanW wrote: »

This is what happens when you let the Religious-Right and the Feminist-Left dictate policy and law. This bizarre law and unjust trial and likely punishment are a logic follow through from that.

What?! How?!

Mickey Dazzler

Was there not something about him giving it to her in the prison pocket without her consent?